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Middletown Man Convicted After Jury Trial of
Assault in the Second Degree and Resisting Arrest
Orange County District Attorney David M. Hoovler announced that on Friday, September 14, 2018, Moises Almanzar, age 32, of Middletown, was convicted of Assault in the Second Degree and two counts of Resisting Arrest, after a jury trial before Orange County Court Judge Craig Stephen Brown. Alamanzar faces up to seven years in prison when he is sentenced by Judge Brown on November 19, 2018.
At the trial, prosecutors argued that on January 4, 2017, at about 5:16 PM, a City of Middletown police officer, who was in full uniform, approached Almanzar in the vicinity of Linden Avenue in Middletown, informed him that the City of Middletown Court had issued a warrant for his arrest, and told Almanzar that he would be taken into custody. Prosecutors argued that Almanzar stated he would not submit to the arrest and that he struggled with the officer. During the struggle, Almanzar and the police officer fell to the ground and the police officer suffered a knee injury which caused him to miss six weeks of work. Prosecutors argued that after Almanzar resisted being arrested by the initial officer, he ran away and jumped over fences, in what proved to be a futile attempt to evade arrest. When City of Middletown police officers caught Almanzar in a lot in the vicinity of Smith Street, he again struggled with police officers before being taken into custody.
District Attorney Hoovler thanked the City of Middletown Police Department for Almanzar’s arrest and their assistance during the prosecution.
“Police officers regularly perform difficult and dangerous work to help the community,” said District Attorney Hoovler, “and there is simply no excuse for resisting arrest. Those who resist arrest place themselves, police officers, and the entire community at serious risk of injury and death. Causing physical injury to a police officer by resisting arrest is a felony. Under our system everyone who believes that they are being unfairly or illegally arrested has an opportunity to challenge that arrest in court, but they do not have the right to struggle with police officers in the street. Too many tragic situations have begun when individuals being placed under arrest have made the illegal, reckless, and dangerous decision to physically resist arrest. No police officer should suffer an injury merely by performing a lawful duty. My office will continue to do everything in our power to help police officers in their mission to keep us safe, including seeking meaningful incarceration for those who resist arrest or injure police officers.”
District Attorney Hoovler highly commended Assistant District Attorney Tanja Beemer and Assistant District Attorney Jason Rosenwasser, who prosecuted the case.
A criminal charge is merely an allegation that a defendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the State of New York’s burden to prove guilt beyond a reasonable doubt.